McMonagle v. Simpers
Supreme Court of Pennsylvania
Appeal, No. 88, Jan. T., 1920, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1918, No. 2763, on verdict for plaintiffs in case of Marie McMonagle, by her next friend and father, Michael McMonagle, and Michael McMonagle, in his own right, v. Robert N. Simpers. Trespass for personal injuries to a little girl, nine years old. Before Wessel, J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 88, Jan. T., 1920, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1918, No. 2763, on verdict for plaintiffs in case of Marie McMonagle, by her next friend and father, Michael McMonagle, and Michael McMonagle, in his own right, v. Robert N. Simpers. Trespass for personal injuries to a little girl, nine years old. Before Wessel, J. The facts are stated in the opinion of the Supreme Court. Verdict for Marie McMonagle for $10,000 and for Michael McMonagle for $3,500. Defendant appealed. Errors assigned were (1) refusal of binding instructions for defendant; (2)…
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
In crossing over North Twenty-third street, in the City of Philadelphia, Marie McMonagle, a child nine years of age, was struck by an automobile owned by the defendant and operated by his chauffeur, and, in this action, brought for the girl by her father and next friend, who sues also in his own right, to recover damages for the injuries sustained, a verdict was returned in favor of each. The main complaint of the defendant on this appeal from the judgments against him is of the refusal of the trial judge to direct a verdict in his favor, and of the court’s…
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